TERMS AND CONDITIONS OF USE AGREEMENT
Read these Terms and Conditions before using or interacting with the kwgn.com (the “Site”). Your access to and use of the Site is provided subject to this Terms and Conditions of Use Agreement (“Agreement”).
The Site is owned and or operated by Local TV, LLC (“Local TV”) and affiliated with KWGN (the “Station”) (collectively, “We” or “Us”). We would like to thank you for using kwgn.com and its services.
This Agreement sets forth the standards of use of the Site. This Agreement governs our relationship with you, the user, and others who interact with the Site. By using any part of the Site, you agree to the terms and conditions of this Agreement.
I. Description of Service and Registration
A. This site is intended for use within the United States. We make no representation that the services available on the Site are appropriate or available for use in other locations. Those who choose to access this Site from locations other than the United States do so on their own initiative and are responsible for compliance with all applicable local, state, and federal laws, rules, and regulations.
B. With this Site, you’ll get access to local, national and world news and interactive content (the “Services”). You may use the Services only in compliance with this Agreement and all applicable local, state, federal, and international laws, rules, and regulations (the “Law”).
The Services We provide are always evolving and may change from time to time without prior notice to you. Additionally, we may stop, permanently or temporarily, providing the Services or any features within the Services to you without prior notice.
C. We also provide a forum for users to post comments and upload videos. In order to post a comment or video, users must register with a social utility or social networking service, such as but not limited to Facebook, Google, or Twitter. By registering and using a social utility or social networking service to interact with Us, you agree to the terms and policies of that social utility or service (the “Social Service Terms and Policies”). We reserve the right to terminate your access to and use of the Site if you fail to comply with the Social Service Terms and Policies. Local TV and the Station are in no way liable for any Social Service Terms and Policies violations you commit.
C. You acknowledge and agree that we may preserve and disclose any account information and the contents of your online communications if required to do so by law, or in good faith belief that preservation and/or disclosure is reasonably necessary for the following purposes: (1) to comply with legal process, such as a court order, search warrant, or subpoena; (2) to enforce the terms of this Agreement; (3) to render service you request; (4) to protect the rights or property of Local TV or the Station, and their third party suppliers and licensors; or (5) in circumstances that we deem, in our sole discretion, to pose a threat to the safety of you or others.
D. You are not permitted to use this Site if you are under the age of 13.
II. Your Responsibilities, Representations, and Warranties
A. You acknowledge and warrant that you are responsible for whatever material you submit, including ensuring its legality, reliability, appropriateness, originality, or copyright. If a discussion group or bulletin board is made available to you on this Site, you warrant that your use of such features is for lawful purposes only.
B. By placing material on the Site, including but not limited to posting content or communications to any Site bulletin board, forum, blogspace, message or chat area, or posting text, images, audio files or other audio-visual content to the Site (“User Content”), you represent and warrant: (1) you own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under this Agreement; and, (2) the User Content will not cause injury to any person or entity. Using a name other than your own legal name in association with the submission of User Content is prohibited (except in those specific areas of the Site, if any, that specifically ask for unique, fictitious names).
C. You are responsible for compliance with the Law. You may not use the Site in any way that violates the Law or encourages a violation of the Law.
D. To protect your safety, please use your best judgment when using the Site. We discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. You acknowledge and agree that if you make such disclosures either through posting on any bulletin board, forum, blogspace, message or chat area, or uploading text, images, audio files or other audio-visual content, in classified advertising you place or in other interactive areas, or to third parties in any communication, you do so fully understanding that such information could be used to identify you and at your own risk.
E. Without limitation, you may not submit or transmit through this Site any material, or otherwise engage in any conduct that:
(1) violates or infringes the rights of Local TV or others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
(2) is unlawful, discriminatory, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions or accounts of sexual acts;
(3) victimizes, harasses, degrades, intimidates, discriminates against, or retaliates against an individual or group of individuals on the basis of religion, sex, race, national origin, age, physical or mental disability, sexual orientation, or other characteristics protected by applicable state or federal law;
(4) impersonates any person, business or entity, including Local TV, the Station, and our employees and agents;
(5) contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
(6) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
(7) violates this Agreement or any policy we post on the Site; or
(8) interferes with the use of the Site by others.
You take full responsibility and liability for engaging in any of the above conduct.
WARNING: A VIOLATION OF THESE RULES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.
F. You may not use this Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of this Site. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce this Agreement.
G. You acknowledge that we have the right (but not the obligation), in our sole discretion, to move, remove, block, edit, or refuse any User Content for any reason, including without limitation that such User Content violates this Agreement.
III. Licenses: Intellectual Property
Subject to your privacy settings, you specifically grant us a transferable, royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such User Content, in any form, format, or medium, of any kind now known or later developed. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
IV. Copyright and Trademark Information
All content We post to the Site, including names, images, logos and pictures identifying us or any of our Web sites, site design, text, graphics, interfaces, and the selection and arrangements thereof, is the property of the Local TV or the Station and is protected by intellectual property rights. Any use of materials on the Site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Local TV, is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our Web pages or the content contained therein without prior written permission of an authorized officer of Local TV.
KWGN and our other trademarks, service marks, and logos are proprietary marks of the Station and or Local TV and may not be used in connection with any product or service that is not provided by the Station or Local TV, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
All other trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those third parties. In addition, such use of trademarks or links to the Web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with us or the Site.
V. Notification of Claimed Copyright Infringement
A. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is our policy to terminate the Registration Account of a Member who is deemed to infringe third party intellectual property rights or to remove User Content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on the Site, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(2) a description of your copyrighted work or other intellectual property that you claim has been infringed;
(3) a description of where the material you claim is infringing is located on the site (providing us with website URL is the quickest way to help us locate content quickly);
(4) your address, telephone number, and e-mail address;
(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
B. Our copyright agent can be reached as follows:
Local TV LLC
c/o DMCA Agent
1717 Dixie Highway, Suite 650
Ft. Wright, KY 41011
(2) Please note that the above contact information is for intellectual property infringement notices only. DO NOT CONTACT LOCAL TV’S DMCA AGENT FOR OTHER INQUIRIES OR QUESTIONS. For other inquiries or questions, please use the information listed in the Contact Us section on the Site. Please also note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
C. Counter-Notification for Intellectual Property Infringement. If you elect to send us a counter-notice in response to a notice of intellectual property infringement, to be effective it must be a written communication provided to the Station’s designated Copyright Agent (see above for contact information) that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
(1) an electronic or physical signature of the registered user;
(2) a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (providing us with a website URL is the quickest way to help us locate content quickly);
(3) your address, telephone number, and e-mail address
(4) a statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(5) a statement by you that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which the Station may be found, and that the you will accept service of process from the person who provided notification of intellectual property infringement or an agent of such person.
(6) Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
VI. Transactions and E-Commerce
A. During your visit to our Site you may elect to engage in a transaction involving the purchase of a product such as a newspaper subscription, a print or online advertisement or other tangible goods and services. Credit card transactions and order fulfillment are often handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as perfect security on the Internet or offline. If you are concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. Local TV cannot and does not take responsibility for the success or security of transactions undertaken or processed by third parties.
B. On occasion, a product or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree that Local TV and Station are not responsible for such errors or discrepancies.
VII. Communications with Third Parties Through the Site
Your dealings or communications through the Site with any party other than Local TV or the Station are solely between you and that third party. Please review carefully that third party’s policies and practices and make sure you are comfortable with them before you engage in any transaction. Local TV and the Station are not responsible for the content, actions, or policies of third party sites. Information you provide on such sites, including personal information and transactional information, is subject to the terms of service of those sites. Complaints, concerns or questions relating to materials provided by third parties should be directed to the third party.
VIII. Disclaimer of Warranties and Limitation of Liability
A. WE ARE NOT LIABLE FOR ANY DAMAGES YOU SUFFER FROM USE OF THE SITE.
B. THE SITE MATERIALS ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, [NAME OF WEBSITE], ITS LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OWNERS, MEMBERS, AND CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.
C. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
D. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OF OR THE ENTIRE EXCLUSION MAY NOT APPLY TO YOU.
E. IN NO EVENT WILL WE, OUR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES RESULTING FROM USE OF THE SITE, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, PROFITS, OR USER CONDUCT, WHETHER IN AN ACTION BASED UPON CONTRACT, NEGLIGENCE, TORTIOUS ACTION OR ANY OTHER THEORY, INCLUDING WITHOUT LIMITATION CLAIMS BROUGHT UNDER ANY FEDERAL, STATE OR LOCAL LAW, REGULATION OR ORDINANCE, EXISTING AS OF THE DATE OF THIS AGREEMENT, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE.
F. IN NO EVENT WILL OUR LIABILITY OR THE LIABIILITY OF OUR LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS AND CONTRACTORS IN CONNECTION YOUR USE OF THIS SITE, UNDER ANY THEORY OF RECOVERY, EXCEED $100.00.
G. THIS AGREEMENT DEFINES YOUR SOLE AND EXCLUSIVE REMEDY.
You agree to indemnify and hold Local TV, the Station, our parents, predecessors, subsidiaries, assigns, agents, attorneys, trustees, trusts, trust beneficiaries, directors, partners, joint venturers, stockholders, affiliates, officers and employees, harmless from each and any claim or demand, including but not limited to reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Site, your violation of this Agreement, or infringement by you, or other user of the Site using your computer and/or account, of any intellectual property or any other right of any person or entity.
Your right to use the Site automatically terminates if you violate this Agreement or any rules or guidelines posted in connection with the Site. We also reserve the right, in our sole discretion, to terminate your access to all or part of any of the Site, for any reason, with or without notice.
XI. Modifications and Interruption to Service
We reserve the right to modify or discontinue the Site or any part of it with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue the Site. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to the Site and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
XIII. Governing Jurisdiction of the Courts is the Commonwealth of Kentucky
This Agreement is governed by and will be construed according to Kentucky law, excluding any principles of conflicts of law. In the event of any dispute or controversy arising from this Site, you consent to the jurisdiction of the courts of Kenton County, Kentucky, and of the federal district court of the Eastern District of Kentucky. You further agree that venue for litigation arising from this Site will be exclusively in the Eastern District of Kentucky or its counterpart state court.
XIV. Entire Agreement
This Agreement represents the entire agreement between you and us. No distributor, employee, or other person is authorized to modify this Agreement or to make any warranty or representation which is different than, or in addition to, the warranties and representations of this Agreement.
We retain the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, we reserve the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
XVI. Other Terms
We reserve the right, at any time, to change or update this Agreement without prior notice to you. Modifications shall become effective immediately upon being posted on the Site. By continuing to use this Site, you accept all such changes.
Last Updated: 10/29/2011